Apolat Legal

This article outlines the registration procedures for converting a household business into an enterprise and analyses the practical benefits of this conversion. It aims to provide individuals and households with comprehensive insights to make informed decisions aligned with their future business development strategies.

In the context of today’s increasingly developed economy, selecting an appropriate business model plays a pivotal role in ensuring the stability and expansion of business operations for individuals and organizations. After a period of operation, many household businesses reach a certain scale and begin encountering limitations in legal status, operational scope, and expansion capacity. This necessitates a transition to the enterprise model to achieve more sustainable and professional development. 

This article outlines the registration procedures for converting a household business into an enterprise and analyzes the practical benefits of this conversion. It aims to provide individuals and households with comprehensive insights to make informed decisions aligned with their future business development strategies. 

Table of contents

1. What is a household business? 

Article 79.1 of Decree No. 01/2021/ND-CP stipulates that a household business is established upon registration by an individual or household members, who bear unlimited liability with their entire assets for the business activities of the household. Accordingly, a household business does not have legal status, and the head of the household business is responsible for fulfilling tax obligations, financial liabilities, and all business activities of the household as prescribed by law. 

2. Procedures for converting a household business into an enterprise and terminating its operations: 

2.1. Step 1: Register the conversion from household business to enterprise at the Business Registration Office under the Department of Finance 

Competent Authority: The Business Registration Office under the Department of Finance where the enterprise intends to establish its headquarters, pursuant to Article 27.1 of Decree No. 01/2021/ND-CP. 

Dossier components: 

  • Original Certificate of Household Business Registration; 
  • Copy of Tax Registration Certificate; 
  • Additional documents corresponding to the specific type of enterprise post-conversion. 

2.2. Step 2: Terminate household business operations at the District-Level Planning And Finance Division 

Competent authority: The District-Level Planning and Finance Division, pursuant to Article 92.1 of Decree No. 01/2021/ND-CP. 

Required documentations: 

  • Notification of termination of Household Business Operations; 
  • Tax authority’s notice of Tax Code Cancellation; 
  • Copy of the Minutes of the Household Members’ Meeting regarding termination (for household businesses registered by family members); 
  • Original certificate of Household Business Registration. 

Benefits of converting a household business into an enterprise: 

HOUSEHOLD BUSINESS  ENTERPRISE  BENEFITS 
Does not possess legal entity status.  Possesses legal entity status  As a household business lacks legal entity status, all transactions between the household business and partners/customers must be conducted through the household business owner. An enterprise, possessing legal status, can engage in transactions directly and independently 
The owner bears unlimited liability with all personal assets for the business operations  Owners/shareholders/contributing members bear liability limited to their capital contribution  In the event of business risks such as incurred debts or disputes, the household business owner must use all personal assets to settle these obligations. Conversely, owners/shareholders/contributing members are liable only within the scope of their capital contribution to the company. 
An individual is permitted to register only one household business nationwide  There is no statutory restriction on an individual establishing multiple enterprises  The ability for an individual to establish multiple enterprises enables the development of diverse business lines nationwide, allowing for distinct management of each business activity 

 

Disclaimers:

This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.

For issues related to the content or intellectual property rights of the article, please email cs@apolatlegal.vn.

 

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Apolat Legal

Established in 2014, Apolat Legal is a licensed law firm providing a board range of legal services in multiple practice areas for domestic and international clients. The firm commits resolving legal issues regarding businesses thoroughly and in the most beneficial way for various clients in Vietnam.

Apolat Legal is also honored to receive numerous recognitions and/or articles posted by world-leading and local organizations and publications including: The Law Association for Asia and the Pacific (LawAsia, 1966), The Legal500, IP Link, AIPPI, IP Coster, Lexology, Global Trade Review (GTR), The Saigon Times, etc.

Apolat Legal lawyers have long been recognized for their legal expertise and paid attention to their dedication in work as well as the capacity to take advantages from their relationship to maximize the interests of clients. The lawyers will be grouped into specialized teams, directly participate in each case to provide advices and close support to customers, thereby quickly completing the assigned work in the most effective way.

APOLAT LEGAL’s reputation and the quality of its services are reflected by its clients. We are serving nearly 1,000 clients both local and foreign clients. Some past and current long-term clients which the firm worked with such as: LG Electronics, Coastal Living Land Joint Stock Company, Wall Street English, Hochiki Asia Pacific Pte.Ltd, Asus Technology (Vietnam) Company Limited, AEON Mall Vietnam, Baskin Robbin, Citigym, Woori Bank Vietnam Limited, Central Group, CJ Gemadept Logistics Holdings Company Limited, K Group Company Limited, Digiworld Corp., Yellow Cab Pizza, Bamboo Capital Joint Stock Company, Sinobright Pharma Co. Limited, Mayekawa, Sky Music Jsc, Oxalis Holiday Company Limited, PGT Holdings, Vinacapital, Capitaland, Donghyup,...

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